In Re: AgFeed USA, LLC, et al

Filing 5

Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 12/8/16. (cak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE:

:
:
AgFeed USA, LLC, et al.,
:
:
Debtors.
:
__________________________________ :
:
JLL CONSULTANTS, INC.,
:
:
Appellant,
:
:
v.
:
:
K. IVAN F. GOTHNER,
:
:
Appellee.
:

C. A. No. 16-1109-LPS
Bankruptcy Case No. 13-11761
ADV No. 15-50210
BAP No. 16-71

RECOMMENDATION
At Wilmington this 8th day of December, 2016.
WHEREAS, pursuant to paragraph 2(a) of the Procedures to Govern
Mediation of Appeals from the United States Bankruptcy Court for this District dated
September 11, 2012, the court conducted an initial review to determine the
appropriateness of mediation in this matter;
WHEREAS, as a result of the above screening process, the issues
involved in this case are not amenable to mediation and mediation at this stage would
not be a productive exercise, a worthwhile use of judicial resources nor warrant the
expense of the process. On the same day that the notice of docketing of this
bankruptcy appeal, appellee moved to dismissed for lack of jurisdiction over the subject
matter, or alternatively to deny leave of appeal. The bases are that the appeal is an

interlocatory and there is no exceptional circumstances warranting allowance of the
appeal by this Court. In light of this filing, it does not appear that mediation would be a
fruitful exercise since appellees are contesting this Court’s jurisdiction.
THEREFORE, IT IS RECOMMENDED that, pursuant to paragraph 2(a)
Procedures to Govern Mediation of Appeals from the United States Bankruptcy Court
for this District and 28 U.S.C. § 636(b), this matter be withdrawn from the mandatory
referral for mediation and proceed through the appellate process of this Court. Through
this Recommendation, the parties are advised of their right to file objections to this
Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B), FED. R. CIV. P. 72(a) and D.
DEL. LR 72.1.
Local counsel are obligated to inform out-of-state counsel of this Order.
/s/ Mary Pat Thynge
Chief U.S. Magistrate

2